STATE OF H.P. Vs. TARA SINGH

JUDGEMENT

(1.) The present appeal is directed against the judgment dtd. 26/5/2014, passed by learned Judicial Magistrate First Class, Rajgarh, District Sirmour, H.P. (learned Trial Court), vide which the respondent (accused before the learned Trial Court) was acquitted of the commission of offences punishable under Sec. 447 of the Indian Penal Code (IPC) and Sec. 26 of Indian Forest Act. (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience.)

(2.) Briefly stated, the facts giving rise to the present appeal are that the police presented a challan before the learned Trial Court for the commission of offences punishable under Sec. 447 of the IPC and Sec. 26 of the Indian Forest Act. Amar Singh (PW6) made a complaint to the police (Ex.PW1/A) stating that the accused Tara Singh had encroached upon more than 10 bighas of land in the Reserved Forest, Dol; hence, an action should be taken against him. The police registered an FIR (Ex.PW9/A). Yoginder Sain (PW8) demarcated the land and found that the accused Tara Singh had encroached upon Khasra No.489/446/374/1, which was owned by the State. He prepared the report (Ex.PW8/A). Notification (Ex.PW6/B) and history file (Ex.PW6/C) were seized by the police. Statements of witnesses were recorded as their version, and after completion of the investigation, a challan was prepared and presented before the learned Trial Court.

(3.) Learned Trial Court found sufficient reasons to summon the accused. When the accused appeared, a notice of accusation was put to him for the commission of offences punishable under Sec. 447 of the IPC and Sec. 26 of the Indian Forest Act, to which he pleaded not guilty and claimed to be tried.